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Generative AI in Litigation: The 2026 Privilege Split and the New Preservation Duty

Two federal courts just split on whether AI prompts and outputs are privileged — while default autodeletion quietly destroys discoverable ESI. Learn to document AI use, evaluate waiver risk, structure litigation holds, and update Rule 26(f) ESI protocols before sanctions hit.

2026-08-13 12:50:00

Program Details

2026-08-13 12:50:00

Program Details

2026-08-13 12:50:00

Over 1,000+ webinars

2026-08-13 12:50:00

Course Overview

Seven days. Two federal courts. Opposite answers on whether AI prompts are protected.

2026-08-13 12:50:00

In February 2026, the first federal judicial split arrived. United States v. Heppner (S.D.N.Y.) and Warner v. Gilbarco, Inc. (E.D. Mich.) reached opposite conclusions. At issue: privilege and work product protection for generative AI prompts and outputs. Meanwhile, the OpenAI MDL preservation orders and the Google chat auto-deletion rulings turned AI interaction logs into preservation targets under Rule 37(e).

The exposure is concrete. A client runs case facts through a consumer AI tool — the prompts may be discoverable. Counsel uploads work product to the wrong platform — waiver arguments follow. Default auto-deletion keeps running after the preservation duty attaches — Rule 37(e) sanctions exposure follows. And ABA Formal Opinion 512 and state bar ethics opinions now feed directly into the privilege analysis courts apply.

You leave with working tools. A framework for documenting AI use and evaluating waiver risk before AI-generated materials become a discovery flashpoint. Litigation holds that capture prompts, outputs, metadata, and embedded tools like Copilot and Gemini. Rule 26(f) ESI protocol language, plus a map of shadow AI and vendor retention risk — practitioner judgment, not a doctrine walk-through.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
The 2026 Privilege Split
How United States v. Heppner and Warner v. Gilbarco, Inc. diverged on protection for AI-generated litigation materials, and what the split changes about advising clients on AI use.
02
Privilege Over AI Prompts
When attorney-client privilege reaches communications with a generative AI platform, and why the consumer-versus-enterprise platform distinction is driving outcomes.
03
Work Product and Waiver
When work product protection attaches to AI-generated outputs, how attorney direction anchors the claim, and whether uploading content to an AI platform constitutes waiver.
04
Ethics and Documentation
How ABA Formal Opinion 512 and state bar ethics opinions interact with the privilege analysis, and what documentation to create before or during AI-assisted work.
05
GenAI Preservation Duty
Which AI prompts, outputs, and interaction logs trigger a Rule 37(e) preservation duty, and the lessons and limits of the OpenAI MDL preservation orders and the Google chat auto-deletion rulings.
06
Holds, Shadow AI, Protocols
How to structure litigation holds that capture AI-generated ESI and embedded tools like Copilot and Gemini, manage shadow AI and vendor risk, and update Rule 26(f) ESI protocols.

Program schedule

clock 12:50 pm - 1:50 pm EST

Asserting and Defending Privilege Over Generative AI Prompts and Outputs

This session examines the first federal judicial split on privilege and work product protection as applied to generative AI-generated litigation materials, anchored in United States v. Heppner (S.D.N.Y. Feb. 17, 2026) and Warner v. Gilbarco, Inc. (E.D. Mich. Feb. 10, 2026). Attorneys will learn how courts are applying attorney-client privilege and the work product doctrine to AI prompts and outputs, what distinctions— such as consumer versus enterprise AI platforms and attorney direction—are driving outcomes, and how bar ethics guidance intersects with privilege analysis. Attendees will leave with a framework for documenting AI use, evaluating waiver risk, and advising clients on safeguards before AI-generated materials become a discovery flashpoint.

Michael HaeberleMichael Haeberle
clock 2:00 pm - 3:00 pm EST

Delete at Your Peril: Preserving Generative AI Evidence Under Rule 37(e)

This session examines the emerging duty to preserve generative AI prompts, outputs, and interaction logs as electronically stored information under Rule 37(e), drawing on the OpenAI MDL preservation orders and the Google chat auto-deletion rulings. Attorneys will learn how to map AI-generated ESI across enterprise and shadow AI tools, implement litigation holds that capture this data, and avoid the sanctions exposure that flows from default auto-deletion. Attendees leave with a practical framework for integrating GenAI preservation into Rule 26(f) ESI protocols and legal hold processes.

Cristin TraylorCristin Traylor
Elizabeth E. GeorgiopoulosElizabeth E. Georgiopoulos
Cristin Traylor

Cristin Traylor

Relativity

Michael Haeberle

Michael Haeberle

The Patterson Law Firm, LLC

Elizabeth E. Georgiopoulos

Elizabeth E. Georgiopoulos

Greenberg Traurig, LLP

Cristin Traylor

Cristin Traylor

Relativity

Cristin Traylor is the Senior Director of AI Transformation & Law Firm Strategy at Relativity, where she guides law firms and enterprise legal teams through the strategic integration of generative AI into legal workflows. She brings more than two decades of litigation and discovery experience to the role, including nearly twelve years as Discovery Counsel at McGuireWoods LLP.

Education & Credentials

Cristin earned her J.D. from Quinnipiac University School of Law in 2000 and her B.A. in Sociology and Psychology from Randolph-Macon College in 1997. She holds the Relativity Master certification.

Recognition & Leadership

At Relativity, Cristin leads the strategic integration of generative AI into legal workflows for law firms and enterprise clients and serves as a senior strategic advisor on AI adoption for Am Law 100 firms and global legal teams. Her recent writing addresses scaling defensible generative AI results in document review and judicial treatment of AI-assisted review.

Professional Involvement

Cristin is an active member of Sedona Conference Working Group 1 and serves as Project Trustee of the EDRM Privilege Log Protocol. She also serves as Assistant Chapter Director of Richmond Women in eDiscovery, and from 2012 to 2017 was President and a board member of Nurture, The OmMama Resource Center.

Experience

Before joining Relativity in 2021, Cristin spent two decades at McGuireWoods LLP. As Discovery Counsel from 2009 to 2021, she led discovery strategies across complex, high-exposure litigation and investigations and oversaw a multi-faceted team of legal professionals providing discovery assistance and strategic advice to firm clients, including in white collar matters. Her earlier practice in the firm's government investigations and business litigation group included representing corporations and individuals in DOJ and SEC investigations and conducting internal investigations and compliance audits, including FCPA and export controls. As a member of the firm's Practice Innovation Office, she helped establish firm-wide technology priorities and evaluated artificial intelligence and collaboration tools prior to widespread generative AI.
Michael Haeberle

Michael Haeberle

The Patterson Law Firm, LLC

Michael Haeberle is the Managing Member of The Patterson Law Firm, LLC, a Chicago-based business litigation firm. He focuses his practice on business lawsuits, contract litigation, shareholder disputes, cryptocurrency disputes, and professional negligence matters, and he counsels businesses on governance, employment, and restrictive covenant issues.

Education & Credentials

Michael received his J.D. with honors from the University of Chicago Law School in 2012, where he participated in the Hinton Moot Court program and the Institute for Justice Clinic on Entrepreneurship. He earned his B.A. magna cum laude in history from Carleton College, with a concentration in Latin American studies. He is licensed to practice in Illinois and Wisconsin and was trained as a mediator through Community Mediation Services.

Recognition & Leadership

Michael was named Managing Member of The Patterson Law Firm in 2021, becoming one of the youngest non-founding attorneys to lead a prominent Chicago-area litigation firm; he was elevated to partner in 2017. He co-authored TROs and Preliminary Injunctions: Handling the Business Emergency, a guide on emergency remedies published by the American Bar Association in 2021, and has been featured in the media regarding cryptocurrency disputes.

Professional Involvement

Michael is a member of the Illinois Appellate Lawyers Association and serves on the LAF Young Professionals Board. He presents continuing legal education classes for attorneys on a range of topics, including alter ego liability and collections and non-compete agreements. His publications and presentations include an article on attorneys' retaining liens in the Illinois Trial Lawyers Association's Trial Journal (2018), a program on ethical issues in advising small businesses for the DuPage County Bar Association (2018), and a presentation on risk management for plaintiff attorneys at the AAJ Annual Convention (2018).

Experience

Michael joined The Patterson Law Firm in 2014 and has litigated commercial matters including breach of contract, legal malpractice and professional liability, and appellate cases. Before joining the firm, he was an associate at a Chicago law firm, where he litigated breach of contract and consumer fraud cases on behalf of businesses and individuals at the trial and appellate levels. During law school, he gained experience at the Environmental Protection Agency, the Legal Assistance Foundation of Metropolitan Chicago, and the Cook County State's Attorney's Office, and before law school he taught elementary school students through an AmeriCorps program.
Elizabeth E. Georgiopoulos

Elizabeth E. Georgiopoulos

Greenberg Traurig, LLP

Elizabeth (“Liz”) E. Georgiopoulos is a Shareholder in the Litigation Practice of Greenberg Traurig, LLP’s Boston office. She litigates highstakes matters across state and federal courts and in domestic and international arbitration forums, and she regularly serves as outside eDiscovery counsel for clients in cases involving intricate data issues.

Education & Credentials

Liz earned her J.D. from Boston College Law School in 2017, where she was recognized for Pro Bono Excellence, and her B.A. magna cum laude from Tufts University in 2012. She is admitted in Massachusetts and before the U.S. District Court for the District of Massachusetts, and she is fluent in Greek and Spanish.

Recognition & Leadership

Liz is listed in The Best Lawyers in America “Ones to Watch” for Commercial Litigation (2025–2026) and was honored by Massachusetts Lawyers Weekly with an Excellence in the Law “Up & Coming Lawyers” award in 2026.

Professional Involvement

Liz frequently speaks and writes on the ethical use of artificial intelligence. She advises clients across industries on cutting-edge information governance issues, including record retention policies, data privacy and cybersecurity compliance, and the ethical deployment of artificial intelligence in the workplace.

Experience

Liz counsels clients in managing all phases of the Electronic Discovery Reference Model, from early case assessment to production and presentation. She has drafted information governance frameworks for organizations ranging from startups to Fortune 500 companies and has focused experience in HIPAA compliance, electronic medical records systems, and related data analytics. Her earlier experience includes judicial internships with the U.S. District Court for the District of Massachusetts and the Framingham District Court.
Cristin Traylor

Cristin Traylor

Relativity

Cristin Traylor is the Senior Director of AI Transformation & Law Firm Strategy at Relativity, where she guides law firms and enterprise legal teams through the strategic integration of generative AI into legal workflows. She brings more than two decades of litigation and discovery experience to the role, including nearly twelve years as Discovery Counsel at McGuireWoods LLP.

Education & Credentials

Cristin earned her J.D. from Quinnipiac University School of Law in 2000 and her B.A. in Sociology and Psychology from Randolph-Macon College in 1997. She holds the Relativity Master certification.

Recognition & Leadership

At Relativity, Cristin leads the strategic integration of generative AI into legal workflows for law firms and enterprise clients and serves as a senior strategic advisor on AI adoption for Am Law 100 firms and global legal teams. Her recent writing addresses scaling defensible generative AI results in document review and judicial treatment of AI-assisted review.

Professional Involvement

Cristin is an active member of Sedona Conference Working Group 1 and serves as Project Trustee of the EDRM Privilege Log Protocol. She also serves as Assistant Chapter Director of Richmond Women in eDiscovery, and from 2012 to 2017 was President and a board member of Nurture, The OmMama Resource Center.

Experience

Before joining Relativity in 2021, Cristin spent two decades at McGuireWoods LLP. As Discovery Counsel from 2009 to 2021, she led discovery strategies across complex, high-exposure litigation and investigations and oversaw a multi-faceted team of legal professionals providing discovery assistance and strategic advice to firm clients, including in white collar matters. Her earlier practice in the firm's government investigations and business litigation group included representing corporations and individuals in DOJ and SEC investigations and conducting internal investigations and compliance audits, including FCPA and export controls. As a member of the firm's Practice Innovation Office, she helped establish firm-wide technology priorities and evaluated artificial intelligence and collaboration tools prior to widespread generative AI.
Michael Haeberle

Michael Haeberle

The Patterson Law Firm, LLC

Michael Haeberle is the Managing Member of The Patterson Law Firm, LLC, a Chicago-based business litigation firm. He focuses his practice on business lawsuits, contract litigation, shareholder disputes, cryptocurrency disputes, and professional negligence matters, and he counsels businesses on governance, employment, and restrictive covenant issues.

Education & Credentials

Michael received his J.D. with honors from the University of Chicago Law School in 2012, where he participated in the Hinton Moot Court program and the Institute for Justice Clinic on Entrepreneurship. He earned his B.A. magna cum laude in history from Carleton College, with a concentration in Latin American studies. He is licensed to practice in Illinois and Wisconsin and was trained as a mediator through Community Mediation Services.

Recognition & Leadership

Michael was named Managing Member of The Patterson Law Firm in 2021, becoming one of the youngest non-founding attorneys to lead a prominent Chicago-area litigation firm; he was elevated to partner in 2017. He co-authored TROs and Preliminary Injunctions: Handling the Business Emergency, a guide on emergency remedies published by the American Bar Association in 2021, and has been featured in the media regarding cryptocurrency disputes.

Professional Involvement

Michael is a member of the Illinois Appellate Lawyers Association and serves on the LAF Young Professionals Board. He presents continuing legal education classes for attorneys on a range of topics, including alter ego liability and collections and non-compete agreements. His publications and presentations include an article on attorneys' retaining liens in the Illinois Trial Lawyers Association's Trial Journal (2018), a program on ethical issues in advising small businesses for the DuPage County Bar Association (2018), and a presentation on risk management for plaintiff attorneys at the AAJ Annual Convention (2018).

Experience

Michael joined The Patterson Law Firm in 2014 and has litigated commercial matters including breach of contract, legal malpractice and professional liability, and appellate cases. Before joining the firm, he was an associate at a Chicago law firm, where he litigated breach of contract and consumer fraud cases on behalf of businesses and individuals at the trial and appellate levels. During law school, he gained experience at the Environmental Protection Agency, the Legal Assistance Foundation of Metropolitan Chicago, and the Cook County State's Attorney's Office, and before law school he taught elementary school students through an AmeriCorps program.
Elizabeth E. Georgiopoulos

Elizabeth E. Georgiopoulos

Greenberg Traurig, LLP

Elizabeth (“Liz”) E. Georgiopoulos is a Shareholder in the Litigation Practice of Greenberg Traurig, LLP’s Boston office. She litigates highstakes matters across state and federal courts and in domestic and international arbitration forums, and she regularly serves as outside eDiscovery counsel for clients in cases involving intricate data issues.

Education & Credentials

Liz earned her J.D. from Boston College Law School in 2017, where she was recognized for Pro Bono Excellence, and her B.A. magna cum laude from Tufts University in 2012. She is admitted in Massachusetts and before the U.S. District Court for the District of Massachusetts, and she is fluent in Greek and Spanish.

Recognition & Leadership

Liz is listed in The Best Lawyers in America “Ones to Watch” for Commercial Litigation (2025–2026) and was honored by Massachusetts Lawyers Weekly with an Excellence in the Law “Up & Coming Lawyers” award in 2026.

Professional Involvement

Liz frequently speaks and writes on the ethical use of artificial intelligence. She advises clients across industries on cutting-edge information governance issues, including record retention policies, data privacy and cybersecurity compliance, and the ethical deployment of artificial intelligence in the workplace.

Experience

Liz counsels clients in managing all phases of the Electronic Discovery Reference Model, from early case assessment to production and presentation. She has drafted information governance frameworks for organizations ranging from startups to Fortune 500 companies and has focused experience in HIPAA compliance, electronic medical records systems, and related data analytics. Her earlier experience includes judicial internships with the U.S. District Court for the District of Massachusetts and the Framingham District Court.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

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